82R468 TRH-D
By: Cook H.B. No. 94
A BILL TO BE ENTITLED
AN ACT
relating to the applicability of regulations on the purchase of
ammonium nitrate or ammonium nitrate material by certain
purchasers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 63.154, Agriculture Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Except as provided by Subsection (a-1), before [Before]
completing a sale of ammonium nitrate or ammonium nitrate material,
a person that engages in those sales shall:
(1) require the person making the purchase to:
(A) display a driver's license or other form of
identification containing the person's photograph;
(B) provide the other personal information
required by Subdivision (2); and
(C) sign for the purchase; and
(2) make a record of the sale, including:
(A) the name of the person making the purchase;
(B) the date of the purchase;
(C) the purchaser's address, date of birth, and
phone number;
(D) the form of identification the purchaser
presented;
(E) whether the purchase is being made on behalf
of another person; and
(F) the amount and brand name of the ammonium
nitrate or ammonium nitrate material purchased.
(a-1) Subsection (a) does not apply to a purchaser of
ammonium nitrate or ammonium nitrate material if:
(1) the purchaser does not take possession of the
ammonium nitrate or ammonium nitrate material at any time before it
is distributed for use as fertilizer; and
(2) the person who sells the ammonium nitrate or
ammonium nitrate material complies with the requirements of
Subsection (a) with respect to the person who takes possession of
the ammonium nitrate or ammonium nitrate material.
SECTION 2. Section 63.154, Agriculture Code, as amended by
this Act, applies only to a sale of ammonium nitrate or ammonium
nitrate material that is initiated on or after the effective date of
this Act. A sale of ammonium nitrate or ammonium nitrate material
initiated before the effective date of this Act is covered by the
law in effect when the purchase was initiated, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2011.